Flaherty v. Dixon et al
Plaintiff: Marie Flaherty
Defendant: Lindsey S. Dixon and Does 1-50
Case Number: 1:2022cv02642
Filed: March 31, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Assault Libel & Slander
Cause of Action: 28 U.S.C. ยง 1332 lb Diversity-Libel, Assault, Slander
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 11, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 25, 2022 Opinion or Order Filing 20 ORDER granting in part and denying in part #19 Letter Motion to Adjourn Conference. Application GRANTED in part and DENIED in part. The initial pretrial conference scheduled for June 1, 2022, is adjourned and rescheduled to June 29, 2022, at 4:20 P.M. At that time, the parties shall dial 888-363-4749 and use the access code 558-3333. The parties shall confer and file the joint letter and proposed civil case management plan and scheduling order as required by the Order dated April 11, 2022, at Docket Number 7, by June 22, 2022, at 12:00 P.M. If Plaintiff files a letter attaching a proposed second amended complaint by June 3, 2022, Defendant shall file a letter, not to exceed four pages, in response to Plaintiff's request for leave by June 10, 2022. The parties are advised that the briefing schedule for any anticipated motion to dismiss will not affect the scheduling of the initial pretrial conference, and no further extensions or adjournments will be granted absent exceptional circumstances. So Ordered. Initial Conference set for 6/29/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 5/25/2022) (tg)
May 25, 2022 Filing 19 LETTER MOTION to Adjourn Conference Scheduled for June 1, 2022 addressed to Judge Lorna G. Schofield from Gary Moy dated 5/25/2022. Document filed by Lindsey S. Dixon..(Moy, Gary)
May 24, 2022 Filing 18 LETTER addressed to Judge Lorna G. Schofield from M. Flaherty, dated 5/24/22 re: BRIEF EXTENSION DEADLINES(SCHEDULE PAGE 2)- WITHDRAWL OF REQUEST FOR EXTENSION OF SUBMISSION OF PROPOSED SECOND AMENDED COMPLAINT AS COURT HAD ALREADY ISSUED AN ORDER EXTENDING TIME TO 6/3/22. OTHER EXTENSION REQUESTS REMAIN. Document filed by Marie Flaherty.(sc)
May 24, 2022 Filing 17 LETTER addressed to Judge Lorna G. Schofield from M. Flaherty, dated 5/24/22 re: "BRIEF EXTENSION OF DEADLINES" - Therefore, Plaintiff requests the following brief extension in line with the Court's previous time periods between submissions as a result of unforeseen health circumstances, and to accommodate Defendants Attorneys' holiday vacation schedule in order to expedite these proceedings: (1) Date for Plaintiff's submission of Proposed Second Amended Complaint and 1-page letter pursuant to 5/4/22 memo endorsement: 5/27/22; (2) Date for Defendants' 4-page Letter Response: 6/7/22 etc. Document filed by Marie Flaherty.(sc)
May 24, 2022 Opinion or Order Filing 16 ORDER: Plaintiff shall file a letter attaching a proposed second amended complaint by June 3, 2022. If Plaintiff does not file the letter and proposed second amended complaint by June 3, 2022, leave to file a second amended complaint will be denied, and the Court will consider Defendant's motion to dismiss the First Amended Complaint on the following schedule: Defendant shall file a motion to dismiss by June 17, 2022; Plaintiff shall file an opposition by July 8, 2022; Defendant shall file a reply by July 15, 2022. Memoranda of law in support of and in opposition to the motion shall not exceed 25 double-spaced pages, and Defendant's reply shall not exceed 10 double-spaced pages, in accordance with the Courts Individual Rules and Practices in Civil Cases III(B)(1). (Motions due by 6/17/2022. Responses due by 7/8/2022, Replies due by 7/15/2022.) (Signed by Judge Lorna G. Schofield on 5/24/2022) (tro)
May 4, 2022 Opinion or Order Filing 15 MEMO ENDORSEMENT on re: #14 Letter, filed by Marie Flaherty. ENDORSEMENT: Plaintiff shall file another letter not to exceed one page, and shall attach as an exhibit a proposed Second Amended Complaint by May 20, 2022. Defendant shall file a letter not to exceed four pages in response to Plaintiff's letter requesting leave to file a Second Amended Complaint by May 31, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 5/4/2022) (mml)
May 2, 2022 Filing 14 LETTER addressed to Judge Lorna G. Schofield from M. Flaherty, dated 5/2/22 re: I am the Plaintiff, pro se, in the above-referenced matter and a licensed attorney in the Commonwealth of Massachusetts. Pursuant to this Court's April 21, 2022 Memo Endorsed Order (Dkt. No. 13), Plaintiff was granted a one-week extension to submit a supplemental pre- motion letter stating additional claims that Plaintiff intended to file with a Second Amended Complaint in further response and opposition to Defendant Lindsey S. Dixon (Def. Dixon)'s April 6, 2022 pre-motion letter for motion to dismiss (Dkt. No. 4)(Def. Dixons Apr. 6, 2022 Ltr.). Plaintiff's supplemental pre-motion letter was due on April 28, 2022. For the following reasons, Plaintiff apologizes for the delay and requests that the Court accept this pre-motion supplemental letter nunc pro tunc. Document filed by Marie Flaherty.(sc) Modified on 5/3/2022 (nb).
April 21, 2022 Filing 13 MEMO ENDORSEMENT on re: #12 Letter, filed by Marie Flaherty. ENDORSEMENT: Application GRANTED in part and DENIED in part. Plaintiff shall file a pre-motion letter concerning a motion for leave to file a Second Amended Complaint by April 28, 2022. Defendant shall file a response by May 3, 2022. Plaintiff's requests for sanctions, fees, and costs are DENIED. (Signed by Judge Lorna G. Schofield on 4/21/2022) (mml)
April 20, 2022 Filing 12 LETTER addressed to Judge Lorna G. Schofield from M. Flaherty, dated 4/20/22 re: I submit this letter in response to Defendant Lindsey S. Dixon's 4/6/22 pre-motion letter for Motion to Dismiss(Dkt. No.4)which was not properly served upon the plaintiff by 4/12/22(i.e., not attachment referred to in Def. Dixon's 4/6/22 Letter was included)etc. Plaintiff opposes all relief requested by Defendant Dixon and requests that this Court deny Defendant Dixon's request to file a Motion to Dismiss, impose sanctions uponDefendant Lindsey S. Document filed by Marie Flaherty.(sc) Modified on 4/21/2022 (sc).
April 20, 2022 Filing 11 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Marie Flaherty consents to receive electronic service via the ECF system. Document filed by Marie Flaherty.(sc)
April 20, 2022 Filing 10 NOTICE OF PRO SE APPEARANCE by Marie Flaherty. (sc)
April 12, 2022 Filing 9 CERTIFICATE OF SERVICE of Court's April 8, 2022 Order, Defendant's Removal Papers, and Defendant's Pre-motion Letter served on Marie Flaherty on 4/12/2022. Service was made by Mail and Email. Document filed by Lindsey S. Dixon..(Moy, Gary)
April 12, 2022 Filing 8 CERTIFICATE OF SERVICE of Premotion Letter served on Ma on 4/7/2022. Service was made by Mail. Document filed by Lindsey S. Dixon..(Moy, Gary)
April 11, 2022 Opinion or Order Filing 7 ORDER: Initial Conference by telephone set for 6/1/2022 at 4:20 PM before Judge Lorna G. Schofield. The parties shall call (888) 363-4749 and enter the access code 558-3333. (Signed by Judge Lorna G. Schofield on 4/11/2022) (vfr)
April 11, 2022 Mailed a copy of #6 Order to Marie Flaherty at 511 Avenue of the Americas, #310, New York, New York 10011. (kh)
April 8, 2022 Opinion or Order Filing 6 ORDER: It is hereby ORDERED that Plaintiff shall file a letter responding to Defendant's letter at Dkt. No. 4 by April 20, 2022. Plaintiff's letter shall also state whether Plaintiff plans to move to remand the case to state court and the grounds for any such motion, and whether Plaintiff plans to join any additional parties. It is further. ORDERED that Defendant shall serve a copy of this Order by April 12, 2022, together with copies of the Notice of Removal and all supporting documents at Dkt. No. 1, and a copy of the pre-motion letter at Dkt. No. 4, on Plaintiff by email at mflaherty0777@gmail.com, which Defendants have represented is Plaintiffs email address. The Clerk of Court is respectfully directed to mail a copy of this Order, together with the Notice of Removal and all supporting documents at Dkt. No. 1, and a copy of the pre-motion letter at Dkt. No. 4, to pro se Plaintiff Marie Flaherty at the address that Defendants represent is Plaintiff's: 511 Avenue of the Americas, #310, New York, New York 10011. (Signed by Judge Lorna G. Schofield on 4/8/2022) (mml) Transmission to Docket Assistant Clerk for processing.
April 7, 2022 Filing 5 CERTIFICATE OF SERVICE of Notice of Removal served on Marie Flaherty on 3/31/2022. Service was made by Mail. Document filed by Lindsey S. Dixon..(Moy, Gary)
April 7, 2022 Filing 4 LETTER addressed to Judge Lorna G. Schofield from Gary Moy dated 4/7/2022 re: Defendant writes, pursuant to paragraph 5.A. of the Courts Special Rules & Practices in Civil Pro Se Cases, to submit this premotion letter and proposed briefing schedule concerning Defendants Rule 12(b)(6) motion to dismiss the Complaint. Document filed by Lindsey S. Dixon..(Moy, Gary)
April 1, 2022 Filing 3 NOTICE OF APPEARANCE by Eli Zev Freedberg on behalf of Lindsey S. Dixon..(Freedberg, Eli)
April 1, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
April 1, 2022 Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
April 1, 2022 Case Designated ECF. (vf)
March 31, 2022 Filing 2 CIVIL COVER SHEET filed..(Moy, Gary)
March 31, 2022 Filing 1 NOTICE OF REMOVAL from Supreme Court of the State of NY, County of New York. Case Number: 160071/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-25943041).Document filed by Does 1-50, Lindsey S. Dixon. (Attachments: #1 Exhibit A - Complaint filed in State Court, #2 Exhibit B - Amended Complaint filed in State Court, #3 Exhibit C - Amended Summons, #4 Exhibit D - Attempt of personal service, #5 Exhibit E - State Court Docket Sheet, #6 Exhibit F - Notice to Clerk, #7 Exhibit G - Notice to Adverse Party).(Moy, Gary)

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Plaintiff: Marie Flaherty
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Defendant: Lindsey S. Dixon
Represented By: Gary Moy
Represented By: Eli Zev Freedberg
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Defendant: Does 1-50
Represented By: Gary Moy
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